Remedy in case husband having an extra marital affair

530 votes

As you explained that your husband has an extra marital affair and he left as and when you got to know about the same. First thing is what kind of legal opinion you want to seek in this situation because firstly that you can file a petition under section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights in case you want to live with your husband. Secondly, if you want a divorce you have to specify the time duration for which both of you have been living apart which should not be less that one year under section 13 of the Hindu Marriage Act 1955.

Advocate Megha Kain LawRato

608 votes

It wholly depends upon you. What you really want. If you want to dissolve the marriage, you can approach the family court. Conduct of your husband amounts to cruelty and if you want to protect the marriage, you can file sec 9 application before family court. In both the cases you are entitled for maintenance. You can also lodge an FIR against your husband. Revert me. All the best.

Advocate Atul Patni LawRato

576 votes

This is a family dispute. Try to resolve it mutually if it doesn't resolves and your husband didn't comes to you and joins the matrimonial home you can file for Restitution of Conjugal Rights which means court will direct husband to join matrimonial home after some hearings in court.

Advocate S Vijay Kanth LawRato

704 votes

Dear Querist,
Kindly file a case for adultery against your husband. If you wish to live together with your husband you may file an application under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights.

Advocate PS Sridhar Raj LawRato